Research › Browse › Judgment

Rajasthan High Court · body

1991 DIGILAW 14 (RAJ)

Sarkari Sahayata Prapta Shikshan Sansthan Shiksha Karamchari Sangh v. State of Rajasthan

1991-01-04

D.L.MEHTA

body1991
JUDGMENT 1. - Heard learned counsel for the parties. Mr. Rathors, prays for adjournment. Prayer made by Mr. Rathor, is rejected. 1. This Court has already directed that on 22.10.1990, that the case will be disposed-of finally. It was brought to the notice of the learned Addl. Govt. Advocated, that in the D.B. Civil Writ petition No.2027/1988, Prakash Chaturvedi v. The State of Rajasthan , marked as Ex-4, decided on 19th December, 1988. This Court, issued some directions in the aforesaid case. This case is squarely covered by the directions given in the aforementioned case, though the present case relates to the school teachers but the principle on the same. 2. Mr. K.S. Rathor, Addl. Government Advocate, is not in position to make' any submissions in respect of the directions so given in the decision of Prakash Chaturvedi v. The State of Rajasthan and ors. (Supra). He is not in a position to submit whether Government has filed S.L.P. before the Hon'ble Supreme Court or not. and if the Government, has filed S.L.P. What is the fate of that S.L.P. Only the principles laid-down in the Ex-4, should be applied in the present case. In the instant case, prayer has been made that the non-petitioners should be directed to introduce and impose such terms and conditions under the grant in aid Rules, 1963, or otherwise that the teaching and non- teaching employees of the Government aided institutions are paid all allowances and other facilities and benefits viz. House Rent Allowance, City Allowance, State Insurance, Leave Encashment, and Loan Advances etc. and also selection grades medical facilities and all retiral benefits i.e. gratuity, pension etc. at the same rates and on analogus terms to the corresponding Government employees and for this purpose the Government of Rajasthan should be directed to take immediate prompt steps and to implement the same in a time bound programme by enacting law or otherwise.On behalf of the State, no reply has been filed. 3. This court in the case of Prakash Chaturvedi, v. The State of Rajasthan & Ors. has directed that the teachers of non- Government Colleges, receiving grant-in-aid from the Government are entitled to the same pay and other allowances and service benefits as the college teachers got in a Government Colleges. 4. Education really if considered in proper perspective stand on the higher padestal then any other necessity of life. has directed that the teachers of non- Government Colleges, receiving grant-in-aid from the Government are entitled to the same pay and other allowances and service benefits as the college teachers got in a Government Colleges. 4. Education really if considered in proper perspective stand on the higher padestal then any other necessity of life. Education and teaching is necessary for the people of the nation and the education must be free and fair as far as practicable. However, now instead of education in its true sense it;is developing like an industry and the norms of profession have vanished to a great extent and replaced by a norms of trade unions. The system of education which was introduced during the British regime by Lord Macale, for the creation of the ministerial staff minded persons constituting. This is a different matter. However,the Government policy is that the State shall within the limits of its economic capacity will make effective provisions for securing the rights of education under Article.41, of the Constitution of India, Article 45, directs the State, shall endeavour to provide within a period of 10 years from the commencement of this Constitution for free and compulsory education for all children until they complete the age of fourteen years. I am not deciding this point whether the Article 45, of the Constitution has taken the shape of fundamental law or not at this stage as it is not relevant for the purpose of the decision. However, it can be said by the parties making the submissions that it has taken the shape of fundamental law and is having an effect just like Chapter III of the Constitution of India. The State Government, has the discretion to have its legislation and no direction can be issued. Every-one wants that the educational institution must flourish but not at the costs of the teachers. It is necessary that the teachers should be well fed and better facilities should also be given to them and they should not be treated as an ordinary labours. 5. Every-one wants that the educational institution must flourish but not at the costs of the teachers. It is necessary that the teachers should be well fed and better facilities should also be given to them and they should not be treated as an ordinary labours. 5. In the result, the writ petition is accepted to this extent that the ad,ministrative rules, for grant-in-aid Rules, 1963,may be modified and the conditions should be added therein that the institutions getting grant-in-aid will have to provide at-least equal facilities in the matter of House-rent, city allowance, State Insurance, Leave encashment loans and advances, dearness-allowance selection grades, medical facilities and retirement benefits i.e. gratuity pension etc. at the same rate which the teachers and employees of the Government schools are getting. If the aided institutions do not give the aforementioned undertakings then the State Government, will not provide them the facilities of grant in aid.With the above directions, the writ petition is disposed-of. No order as to costs.Writ Petition Disposed of Accordingly. *******